Disposed

Immunolight Llc v. Controller of Patents

Delhi HC21 Jan 2025C.A.(COMM.IPD-PAT)/270/2022

Case brief

AI extract

What is this about?

Patent appeal where the court allowed an auxiliary claim set to be taken on record and remanded the patent application to the Patent Office for fresh consideration with a new hearing notice and a reasoned order within three months.

What did the court decide?

Auxiliary Claim Set taken on record; patent application remanded for fresh consideration with reasoned order within three months.

Immunolight Llc Vs Controller of Patents — Intellectual Property | Delhi HC (2025)

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- C.A.(COMM.IPD-PAT) 270/2022

¶4

IMMUNOLIGHT LLC .....Appellant

¶5

Through: Mr. Ankush Verma, Ms. Vaishali Joshi and Mr. Debashish Banerjee, Advocates.

¶6

versus

¶7

CONTROLLER OF PATENTS .....Respondent

¶8

Through: Mr. Siddhartha Shankar Ray, CGSC with Mr. Suryadeep Singh, Advocate.

¶9

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

¶10

O R D E R % 21.01.2025

¶11

I.A. 35323/2024 (for taking on record Auxiliary Claim Set)

¶12

This application has been filed on behalf of the appellant for taking on record the Auxiliary Claim Set as an additional document in the appeal.

¶13

Notice in this application was issued on 3^rd December, 2024.

¶14

Mr. Siddhartha Shankar Ray, CGSC appearing on behalf of the respondent submits that the respondent has no objection if the Auxiliary Claim Set is taken on record.

¶15

Accordingly, the Auxiliary Claim Set filed along with the application is taken on record.

¶16

The application stands disposed of.

¶17

Page 1 of 2

¶18

C.A.(COMM.IPD-PAT) 270/2022

¶19

This is a digitally signed order.

¶20

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:19:15

¶21

C.A.(COMM.IPD-PAT) 270/2022

¶22

In view of the Auxiliary Claim Set being taken on record, the matter is remanded back to the Patent Office for a fresh consideration of the patent application. The Assistant Controller of Patents would decide the patent application afresh, after issuing a fresh hearing notice to the appellant.

¶23

Taking into account that the patent application was filed in 2009, the patent office will expeditiously decide the same and pass a reasoned order within a period of three months from today.

¶24

The appeal stands disposed of in terms of the above.

¶25

The Registry is directed to supply a copy of the present order to the office of the Controller General of Patents, Designs and Trademarks of India on e-mail- [email protected] for compliance.

¶26

AMIT BANSAL, J

¶27

JANUARY 21, 2025 kd

¶28

Page 2 of 2

¶29

C.A.(COMM.IPD-PAT) 270/2022

¶30

This is a digitally signed order.

¶31

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2025 at 16:19:15

Immunolight Llc v. Controller of Patents

Case brief

What is this about?

What did the court decide?

Immunolight Llc v. Controller of Patents

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/S Baba Vishwakarma Engineering Company (P) Ltd. Vs Shri Bhausaheb Bapurai Nikam C/O Ulka Industries Ltd.

Sandisk Llc Vs Jpy Mobile Phone Accessories & Anr.

Anil Mohan Bhardwaj Vs Ravi Pocket Books & Ors.

Pstgems Private Limited Vs Mr Anurag Saxena & Ors.

Cipla Health Limited Vs Glister Pharmaceuticals & Anr.

M/S. Pharma Synth Formulations Ltd. Vs Registrar of Trademarks